Court : Madhya Pradesh
Decided on : Jul-12-2001
Reported in : 2001(4)MPHT188
ORDERN.K. Jain, J. 1. 1. The judgment impugned is passed in appeal (Cr. Appeal No. 7/97) by. Addl. Sessions Judge, Narsinghgarh, where by the learned A.S.J. while affirming applicant's conviction under Section 39 of the Indian Electricity Act read with Section 379, IPC, has set aside the sentence of 6 months RI, passed by Judicial Magistrate Second Class, Narsinghgarh in Criminal Case No- 392/99 and instead sentenced the accused-applicant to pay fine Rs. 10,000/- and in default to undergo 4 months SI. 2. Having heard learned counsel for the applicant and the PP for the respondent-State in my judgment, not only the judgment passed by the Appellate Court below, but also the one of the Trial Magistrate should be quashed. 3. The offence under Section 39 of the Indian Electricity Act, 1910 as substituted by the Act No. 31 of 1986 is now punishable with imprisonment for a term which may extend for 3 years or with fine, which shall not be less than Rs. 1,000/- or with both. Earlier to this Am...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-21-2001
Reported in : AIR2002MP62; 2002(1)MPHT84; 2002(2)MPLJ195
ORDERBhawani Singh, C.J. This batch of Writ Petitions (W.P. Nos. 3547 of 2001. M.P. Cement, v. State of M.P. and Ors., 3911 of 2001, Anant Spinning Mills Ltd. v. The State of M.P. and Ors., 3912 of 2001, Moral Overseas Limited v. The State of M.P. and Ors., 3926 of 2001, Ritspin Synthetics Limited v. The State of M.P. and Ors., 3928 of 2001, Pratibha Syntex Limited v. The State of M.P. and Ors., 3929 of 2001, Maikaal Fibres Limited v. The State of M.P. and Ors., 3933 of 2001, Nahar Spinning Limited v. The State of M.P. and Ors, 3940 of 2001, National Steel Industries Ltd. v. The State of M.P. and Ors., 3941 of 2001, Parasrampuria International Ltd. v. The State of M.P. and Ors., 3970 of 2001, Century Textiles and Industrial Ltd. v. The State of M.P. and Anr., 4020 of 2001, Hind Syntex Ltd. v. The State of M.P. and Ors., 4292 of 2001, J.K. Industries Ltd. v. The State of M.P. and Ors., 4549 of 2001, Grasim Industries Ltd. v. The State of M.P. and Ors., 4563 of 2001, Flex Chemicals ltd. ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-17-2001
Reported in : [2002]126STC199(MP)
ORDERA.M. Sapre, J.1. By filing this writ under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the legality and validity of an order passed by the Commissioner of Sales Tax, dated June 21, 1994 (annexure P2) under Section 42-B of the Madhya Pradesh General Sales Tax Act, 1958 (since repealed). In order to appreciate the controversy raised in the writ few facts coupled with the scope of Section 42-B need mention.2. Section 42-B, which alone is relevant for the disposal of the writ reads as under :Section 42-B(1). If any question is raised by a dealer in respect of the rate of tax on any goods, the Commissioner shall, in accordance with such procedure as may be prescribed, make an order determining the rate of tax on such goods.(2) Any order passed by the Commissioner under Sub-section (1) shall be binding on the authorities referred to in Section 3 in all proceedings under the Act except appeals.'3. Section 42-B was inserted by way of an amendment (bein...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-09-2001
Reported in : [2002(95)FLR486]; 2002(2)MPHT281; 2002(1)MPLJ501
ORDERArun Mishra, J. 1. In these writ petitions common question arises for the decision. The petitioners are assailing the common order dated 19-12-97 by which their services were ordered to be removed with immediate effect. They are analogously heard and are being decided by this common order. 2. The petitioners were in the employment of Municipal Corporation, Khandwa. Orders of their removal were passed which were stayed by this Court except in the cases of Radheshyam Patil (W.P. No. 559/98) and Ramchandra Mandloi (W.P. No. 560/98). 3. Bhupendra Singh Bisen, petitioner in W.P. No. 34/98 was appointed on daily wages as Sub-Engineer on 2-5-94; he was regularised as per resolution of Standing Committee, Municipal Corporation, Khandwa dated 23-11-95. Petitioner submits that he possesses requisite qualifications for the post of Sub-Engineer. An order was issued on 28-11-95 appointing him on probation for a period of one year in the pay scale of Rs. 1600-2700. An order was passed on 19-12-...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-20-2001
Reported in : 2001(4)MPHT58
ORDERN.K. Jain, J. 1. All these revisions (No. 630/1998, 18/1999 and 22/1999) arise out of the order dated 25-8-1998, passed by Special Judge, Ujjain, in Special Case No. 8/1996, discharging accused Rajeev Jain (the respondent here in Criminal Revision No. 630/1998) and two others of the charge under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, while directing framing of charges against other co-accused persons (the applicants here in Criminal Revisional Nos. 18/1999 and 22/1999), for the said offences with the aid of Sections 109 and 120B of the Indian Penal Code. For the sake of convenience all these persons shall hereafter be referred as 'accused person(s)'. Criminal Revision No. 630/1998 is preferred by the State challenging discharge of accused Rajeev Jain, while Criminal Revision Nos. 18/1999 and 22/1999 are preferred by other co-accused persons against the charges framed againstthem. All these revisions have been heard as connected matters and are being dispo...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-16-2001
Reported in : AIR2001MP268; 2001(3)MPHT255; 2001(2)MPLJ644
S.P. Srivastava, J.1. Finding a mist of confusion in the scheme underlying the provisions of the Madhya Pradesh Land Revenue Code, 1959, in regard to the exclusion of the jurisdiction of the Civil Court in the matters relating to various rights which may require adjudication of the disputes relating thereto which mist instead of being removed was felt to have been densified in view of the various decisions of this Court, two learned Single Judges of this Court thought it appropriate to refer the questions of law framed by them for being considered and answered by a Full Bench so that the position in law may be clarified and this is how this matter has come up for consideration before the present Full Bench constituted by Hon'ble the Chief Justice.2. One of the learned Single Judges while hearing the aforementioned four second appeals involving the substantial question of law as to whether in view of the provisions of Section 57 of the Madhya Pradesh Land Revenue Code, the Civil Court h...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-06-2001
Reported in : AIR2002MP166; 2000(2)MPLJ1
Dipak Misra, J.1. Invoking the extraordinary Jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner, Associated Cement Companies Ltd., has prayed for issue of writ of certiorari for quashment of demand dated 19-10-95, Annexure-P-6 and further to declare that respondent No.2,Minicipal Council, Kymore is not entitled to impose any export tax on petitioner's finished goods which are despatched by rail to any destination and further to restrain them from levying such tax,2. The facts as have been depicted in the petition are that the petitioner is a Limited Company registered under the provisions of Indian Companies Act, 1956 and has its registered office at Bombay. It is enganged in the business of manufacturing cement. It has its factory at Kymore in Tahsil Vijayraghavgarh in the district of Jabalpur. The village Kymore, as pleaded, owes its existence because of the petitioner and Eternit Everest Limited which has set up its cement plant adjacen...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-17-2001
Reported in : (2002)IILLJ353MP; 2002(1)MPLJ385
ORDERS.K. Kulshrestha, J. 1. All these petitions challenge orders identical to the order dated November 27, 1999 (Annexure P/5) passed by the Labour Court and order Annexure P/7 dated February 23, 2000 passed by the Industrial Court affirming the said order Annexure P/5 in Civil Appeal No. 260/99/MPIR in the case of the employee Budha Rao Magarde in W.P. No. 3510/2000 and were, therefore, analogously heard and are being decided by this common order on the basis of the facts of W.P. No. 3510/2000 / Engineer-in-Chief, P.H.E.D. and Ors. v. Budha Rao Magarde and Ors.. The employee in each of the above cases had approached the Labour Court under Section 31(3) of the M.P. Industrial Relations Act, 1960 (MPIR Act for short) for seeking classification on the post on which he had been working in the Kolar Project of the petitioner Public Health Engineering Department. It is not disputed that the employees were inducted on daily wages from 1989 onwards till 1993.2. The case of the employees befo...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-02-2001
Reported in : [2001]122STC12(MP)
ORDERA.M. Sapre, J. 1.The decision rendered in this writ shall govern the disposal of other writ being M.P. No. 1336 of 1992 as in both these writs, common question of law is involved.2. By filing this writ under Articles 226/227 of the Constitution of India, the petitioner seeks quashing of order dated August 3, 1991, passed by District Level Committee (annexure G/1) and an appellate order dated June 4, 1992 (annexure I), which affirms the order dated August 3, 1991, passed by the District Level Committee. In order to appreciate the issue involved in the writ, few facts which lie in a narrow compass need mention.3. Petitioner is engaged in the business of manufacture of sale of rechargeable torches. For this purpose it has set up a new small-scale industrial unit at Sanawad in District Khargone. Necessary provisional registration certificates declaring it to be a S.S. unit have been issued to the petitioner, similarly provisional certificate of registration under State Sales Tax Act a...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-20-2001
Reported in : 2002CriLJ1562; 2002(1)MPHT61; 2002(1)MPLJ263
S.S. Saraf, J. 1. This petition under Section 482, Cr.PC has been directed against theorder dated 4-7-2001 passed by the learned IIIrd Additional Sessions Judge, Chhindwara in Criminal Revision No. 82/2001 affirming the order dated 21-5-2001 passed by the learned Additional Chief Judicial Magistrate, Saunsar District Chhindwara in P.O.R. No. 8891/2001 rejecting an application filed under Section 457, Cr.PC for the release of the vehicle on Supurdnama.2. A criminal case for offence under Sections 2, 9, 27, 29, 35(6), 43(3), 46(A), 51 and 52 of the Wild Life (Protection) Act and Sections 26 and 52 of the Indian Forest Act has been registered against Abdul Waheed Ansari and Babulal on the allegations that they were fishing in the reservoir of Pench National Park, Chhindwara. The fish so collected were being transported in the Jeep No. MP-28-C/0195 which was seized. It is alleged that the seized vehicle belongs to the petitioner. He, therefore, filed an application for release of the said ...
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